Judson v. L.A. Suburban Gas Co.

MELVIN, J.

This is an action for damages caused by an alleged nuisance and for its abatement. The action was dismissed as to defendants T. S. C. Lowe and Thaddeus Lowe. The California Coke and Gas Company answered the complaint herein, denying substantially all of its allegations, and E. E. Crandall, as receiver of the Los Angeles Suburban Gas Company, intervened and filed his answer. He does not appeal, however. Plaintiff recovered judgment for seven hundred and fifty dollars damages, and defendants were enjoined from maintaining the nuisance. This appeal is from the judgment and from the order denying a motion for a new trial.

The complaint alleged that the California Coke and Gas Company, as lessee of the other corporation, constantly managed, conducted, and operated certain gasworks in such a manner as to precipitate about and above the property of plaintiff dense smoke and noxious, offensive gases. It was also alleged that the manufactory was so operated as to produce loud and disturbing noises, and roaring and rumbling sounds which reached and penetrated to plaintiff’s house and studio, and, together with the smoke, gases, fumes, etc., disturbed plaintiff and his family, making the house and studio places “devoid of quiet, peace and rest.”

Plaintiff’s property is located upon the bank of the Arroyo Seco in the city of Los Angeles. Mr. Judson is an artist, and

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at the time of the trial and for a long time prior thereto he had been occupying his studio building as a home, letting his adjacent dwelling house to a tenant. The gasworks arc about nine hundred feet from plaintiff’s property across the Arroyo in a southwesterly direction from his residence and studio. There is no proof that plaintiff’s land has depreciated; that its rental value has been

impaired;

nor that the health of Mr. Judson or that of any member of his family has been injuriously affected by the operation of defendants’ gasworks. He did assert, however, that the smoke, odor, and noise produced by the manufacture of gas at defendants’ works interfered with his comfortable enjoyment of his property. The testimony adduced before the chancellor was of a conflicting character, and while, of course, we cannot, under our invariable rule, pass upon its weight, we must consider appellants’ contention that the evidence is not sufficient to justify any judgment whatever in favor of respondent. Mr. Judson testified that the works were in the Arroyo fifty or sixty feet lower than his property; that nearly every day since the erection of the gasworks, at night as well as during the hours of daylight he had noticed offensive odors, and that the annoyance had gradually increased all the time. Speaking of the noises he testified: “The noises that I complain of consist of a continuous roaring sound and occasional explosioins. The roaring is almost continuous, and the explosions are frequent. The roaring sounded like the rumbling of a train, and the explosions sometimes like a shot out of a pistol, sometimes like a shotgun, sometimes like an explosion of dynamite, and again as though it were a large mass of gas that made a much heavier exploison but not so sharp. I heard these explosions sometimes frequently and sometimes there would be quite a period when it did not occur. These noises disturbed my sleep at night. The members of my family were also disturbed by these noises.” He further said: “The smoke disturbed me whenever the wind carried it our way. The smoke was black and white and yellow. We noticed it very soon after the gasworks were built, and during the period of a year and a half prior to last January it was occasionally so thick as to obscure the landscape. These periods when it obscured the landscape probably lasted for from twenty minutes to an hour.” While unable to state any exact amount of pecuniary damage, Mr. Judson testified that